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1These regulations may be cited as the Community Easements Regulations.

Application of these regulations

2These regulations apply only with respect to community easements other than
recreational-use easements.

Definitions for regulations and Act

3(1)In these regulations,

(a)“Act” means the Community Easements Act;

(b)“designated” means designated as an eligible body in accordance with clause
8(1)(f) of the Act; and

(c)“land”, in relation to a community easement, means the land over which the
community easement is granted.

(2)In clause 7(c) of the Act, “drawing” means a drawing prepared by a Nova Scotia
Land Surveyor.

Applying for designation

4(1)An organization may apply to the Minister to be designated.

(2)An application for designation must include all of the following:

(a)proof that the organization has been legally incorporated without purpose of
gain for its members under legislation that requires that any profits or other
benefits to the organization be used solely to promote its objectives;

(b) proof of the organization’s current registration and good standing issued by the
Registrar of Joint Stock Companies or equivalent authority in the jurisdiction
in which the organization was incorporated or registered;

(c)if the organization was incorporated outside the Province, the name and
address of a person residing within the Province to whom any communications
and notices may be sent;

(d)a copy of the objects and bylaws of the organization confirming that 1 of its
primary purposes is a purpose listed in subsection 4(2) of the Act.

Minister may recommend designation

5If the Minister is satisfied that an organization that applies for designation is eligible to be
designated, the Minister may approve the application and recommend to the Governor in
Council that the organization be designated and that its name be added to Schedule A.

Minister may recommend revocation of designation

6The Minister may recommend to the Governor in Council that a designation be revoked
and the organization’s name removed from Schedule A if the designated organization

(a)fails to remain legally incorporated in accordance with the criteria set out in
clause 4(2)(a);

(b)fails to maintain current registration and good standing in accordance with the
criteria set out in clause 4(2)(b);

(c)amends its bylaws or objects so that they no longer are consistent with clause
4(2)(d); or

(d)contravenes the Act or these regulations.

Required content for community easement

7(1)In addition to the content required by the Act, a community easement must contain
all of the following:

(a)information that demonstrates the capacity of the easement holder to monitor
and enforce the community easement and carry out any necessary remediation
of the land;